Uploading Files - Legal Issues
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Forum Name: General Discussion
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URL: https://forums.webwiz.net/forum_posts.asp?TID=10918
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Topic: Uploading Files - Legal Issues
Posted By: sogetiman
Subject: Uploading Files - Legal Issues
Date Posted: 18 June 2004 at 11:02am
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I'd like user to be able to upload and share files with each other. My fear is that one person will load a Word doc with a virus and someone else will download it.
Am I responsible for the virus? Is there any standard disclaimer to protect me? I know anyone can sue over anything in the United States, but I'm just wondering if there is a way to at least cover myself somewhat. Thanks! |
Replies:
Posted By: Semikolon
Date Posted: 18 June 2004 at 11:12am
| the server will probably have antivirus installed, which probably will kill the virus, but you can place a message users have to agree on before downloading, saying you are NOT RESPONSIBLE for content AT ALL and that everything should be ran through a Virus scanner before they run it.. then no one can do you anything if their harddrive and BIOS are formatted by a Virus from your site |
Posted By: dpyers
Date Posted: 18 June 2004 at 2:20pm
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Most shared host AV programs only run against email. Don't know of anyone who automatically checks uploads - be long and slow to load a site that way. The disclaimer only works if you have taken reasonable measures to ensure that no virus is being spread - e.g. If some one emails you/posts in your forum that a particular file has a virus and you do not remove it immediately or sooner, you could be found liable. Moral of the story, is to turn off uploads when you go on vacation ------------- 
Lead me not into temptation... I know the short cut, follow me. |
. Posted By: michael
Date Posted: 18 June 2004 at 5:06pm
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Well if you take big upload sites for example, like gotdotnet.com Microsoft has a disclaimer, that files are not scanned for viruses or checked for content and they will not be held responsible so I am sure that something like that would stand up, otherwise I doubt they'd be doing it. ------------- http://baumannphoto.com" rel="nofollow - Blog | http://mpgtracker.com" rel="nofollow - MPG Tracker |
Posted By: dpyers
Date Posted: 18 June 2004 at 10:47pm
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Didn't mean to imply that a disclaimer wasn't good, you just also have to respond to reports of virus's in your downloadable files. The big sites have people available 365 days a year to do that. For sites run by only one person, sh*t happens and sometimes you can't get to check things out for a few days. -------------
Lead me not into temptation... I know the short cut, follow me. |
Posted By: pmormr
Date Posted: 21 June 2004 at 11:15pm
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definitely use a disclaimer and make sure people have a forced chance to read it before you let them upload... just so you don't get a finger pointed at u ------------- Paul A Morgan http://www.pmorganphoto.com/" rel="nofollow - http://www.pmorganphoto.com/ |